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MANISH MATHUR
Hav (Clk) Abhijeet Joshi, No. 9425026f – Appellant
Versus
Union Of India Thru. Secy. Ministry Of Defense New Delhi – Respondent
JUDGMENT :
[Manish Mathur, J.]
1. Heard Mr. Ravi Kumar Yadav, Advocate holding brief for Mr. Raj Kumar Mishra, learned counsel for the petitioner and Mr. Varun Pandey, learned counsel appearing on behalf of opposite parties.
2. Present petition under Article 226 of Constitution of India has been filed seeking quashing of punishment of severe reprimand awarded to petitioner vide order dated 24.03.2022. Relief with regard to quashing of Part II of order dated 06.05.2022 along with direction to opposite parties to promote petitioner from the post of Havildar to the next higher rank of Nb. Subedar along with consequential benefits has also been sought as is the additional opportunity for petitioner to appear in interview against his scheduled SSB interview on 08.06.2022.
3. At the very outset, learned counsel for opposite party has raised a preliminary objections regarding maintainability of the petition under Article 226 of Constitution of India before this Court. It has been submitted that the Armed Forces Tribunal Act, 2007 (hereinafter referred to as the Act of 2007) specifically applies under Section 2 in so far as it relates to service matters. It is submitted that Section 3(o) de
The Court determined that minor punishments, including reprimands, fall under 'service matters,' thus the Armed Forces Tribunal has jurisdiction to hear such cases despite their non-dismissal nature.
The punishment of reduction in rank and deprivation of badges of good conduct awarded in summary trial are amenable to the Jurisdiction of the Armed Forces Tribunal.
In matters of military discipline, courts are generally reluctant to interfere with disciplinary punishments unless the sentence is deemed grossly disproportionate, especially where the petitioner ha....
All service matters, including the recruitment process for any post in the Armed Forces, must be initially addressed under Section 14 of the Armed Forces Tribunal Act, 2007 before the jurisdictional ....
The main legal point established in the judgment is that in matters falling within the jurisdiction of the Armed Forces Tribunal, a petition under Article 226 of the Constitution of India may not be ....
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